With respect to Titan's contentions that it is entitled to damages based upon the alternative theories of breach of oral agreement (Count I), quantum meruit, unjust enrichment, promissory estoppel, negligence and misrepresentation, the Court believes that the evidence does not support a recovery based upon any of those theories. The Court does believe, however, that the evidence clearly supports a recovery based upon breach of the oral agreement alleged in Count IV. A review of the testimony and the exhibits reveals that, at the January 19 "kick off" meeting and at subsequent meetings, Titan and the School District agreed that, in return for Titan's services, the School District was to afford Titan the opportunity to bid on three school building projects and that the "bid documents" were to be based on Titan's work product. The evidence further shows that Titan's services, as agreed to at the January 19 meeting and as further developed through the Spring of 1972, were to include the preparation of drawings, specifications and equipment lists for two school buildings and an addition to a third school building. That agreement was breached when the School District withdrew the three projects from public bidding. For the breach of that agreement, Titan is entitled to recover the reasonable value of the services it rendered to the School District.
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The School District contends that even if there was an oral agreement to the effect that, in consideration for Titan's services, Titan would be given the opportunity to bid on the projects, Titan still may not recover since there was no written contract between the parties approved by the Board of Education at a formal board meeting. In support of this contention, the School District principally relies upon the Public School Code of 1949, 24 P.S. § 5-508 (Supp. 1976), which provides in pertinent part:

The affirmative vote of a majority of all the members of the board of school directors in every school district, duly recorded, showing how each member voted, shall be required in order to take action on the following subjects: --

* * *

Entering into contracts of any kind, including contracts for the purchase of fuel or any supplies, where the amount involved exceeds one hundred dollars ($100).

* * *

Failure to comply with the provisions of this section shall render such acts of the board of school directors void and unenforceable.

It further relies upon the well-settled principle that a person who contracts with a governmental agency must, at his peril, know the extent of the power of its officers to make the contract. See Charleroi Lumber Co. v. Bentleyville Borough School District, 334 Pa. 424, 433, 6 A.2d 88, 92 (1939); School District of Philadelphia v. Framlau Corp., 15 Pa. Commw. 621, 328 A.2d 866, 870 (1974).
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There is no question that the evidence in this case establishes that the Board of Education approved the agreement between the School District and Titan by which Titan was to be given the opportunity to bid in return for its services. Specifically, at a meeting on or about January 12, 1972, the Board approved two experimental Titan system prototype buildings on the assurances that the Titan system was competitive and that other contractors would be eligible to bid on the projects. Furthermore, it is clear that the Board approved not only two new school buildings, but also an addition to a school building. This is evidenced in the bid documents advertised by the School District and the Board of Education on or about June 15, 1972, which were, in large part, based upon Titan's work product. In light of these facts, it is impossible to believe that the Board of Education did not know that Titan was rendering its services to the School District in return for the opportunity to bid and that they did not approve of such an agreement.

With respect to the January 12, 1972, Board meeting which approved two Titan-type school buildings, the School District points to the fact that the meeting was a "conference" meeting and not a "formal" board meeting. We fail to see the relevance of such a distinction. Mullen does not require a showing that the Board's approval was given at a "formal" meeting, but only a showing that, in fact, approval was given. The question is not how or when the Board approved the agreement, but if they approved it. It is clear in this case that such approval was given.
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